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TODAY
March 03, 2015

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TODAY
March 03, 2015

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>>>we have a better idea of the direction the
supreme court justices
may lean when it comes to same-sex marriage. this after two days of historic argument at the
highest court
.
pete williams
, good morning again to you.

>> reporter: savannah, good morning. based on what the justices said, a majority of them seem prepared to strike down the defensive
marriage act
passed by strong majorities in congress 17 years ago. it blocks the
federal government
from recognizing same-sex marriages in the states that allow them. supporters of same-sex marriage are optimistic this morning based on what the justices say about a lawsuit brought by 83-year-old edie windsor of new york. she challenged
doma
when the
federal government
refused to recognize her marriage to another woman and slapped her with a huge inheritance tax bill.

>>humbled. i'm very humbled.

>> reporter: some of the court's conservatives question her lawyer's claim that the country has a different attitude now about same-sex marriage.

>>why are you so confident in that judgment? how many states permit gay couples to marry?

>>for the
federal government
to say no joint return, no marital deduction, no
social security
benefits. your spouse is very sick, but you can't get leave. one might well ask, what kind of marriage is this?

>> reporter: and
justice kennedy
, the likely pivotal vote said the states traditionally define what it means to be married.

>>i think it is. the question is whether or not the
federal government
under our federalism scheme has the authority to regulate marriage.

>> reporter: if the court bases its ruling on who gets to define marriage, then it probably won't be a sweeping ruling on
gay rights
, but striking down
doma
would be a big victory for same-sex couples.